Dear Attorney,

I am a Filipina currently in a relationship with an American citizen. He plans to visit me in the Philippines soon, and he wishes for me to accompany him when he returns to Virginia, USA. I would like to know the necessary steps, legal requirements, and documentation that I need to prepare in order to travel with him. Additionally, I would like to inquire if there are any particular visas or legal processes I should be aware of to ensure that this plan proceeds smoothly.

Thank you for your guidance.

Sincerely, A Filipina in a Cross-border Relationship

Insights

In your case, there are specific legal steps and requirements that need to be considered to ensure that you can accompany your boyfriend back to the U.S. These requirements typically revolve around obtaining the proper visa and preparing the necessary documentation for entry into the United States. Here is a breakdown of the key legal steps:

1. Understanding the Type of Visa Needed

Since you are not a U.S. citizen, traveling to the United States requires a visa. Based on your situation, where you intend to accompany your boyfriend to the U.S., you would likely be applying for either a tourist visa (B-2) or a fiancé(e) visa (K-1), depending on the nature of your visit and your plans with your boyfriend.

B-2 Tourist Visa: If your intention is to visit the U.S. as a tourist or to spend a limited amount of time with your boyfriend, a B-2 visa is most appropriate. This visa allows you to stay in the U.S. for up to 6 months, but it does not permit you to work or engage in other activities beyond tourism and leisure.
K-1 Fiancé(e) Visa: If your boyfriend is planning for you to marry him after you arrive in the U.S., you may consider applying for a K-1 visa, also known as a fiancé(e) visa. This visa allows you to enter the U.S. for the purpose of getting married within 90 days of your arrival. After marriage, you can apply for adjustment of status to become a permanent resident (green card holder).

2. Application Process

The visa application process requires preparation and careful documentation. Here are the steps you need to follow:

For a Tourist Visa (B-2):
- Complete the DS-160 form online via the U.S. Department of State website.
- Schedule an appointment for an interview at the U.S. Embassy or Consulate in the Philippines.
- Prepare supporting documents such as proof of financial stability, ties to the Philippines (e.g., employment, property ownership), and evidence of your relationship with your boyfriend if necessary.
- Pay the visa application fee and attend the visa interview, where you must demonstrate that you do not intend to immigrate to the U.S. permanently on this visit.
For a Fiancé(e) Visa (K-1):
- Your boyfriend must file Form I-129F with the U.S. Citizenship and Immigration Services (USCIS) to petition for you as his fiancé(e).
- Once approved, you will need to attend a medical examination and a visa interview at the U.S. Embassy in the Philippines.
- Prepare documents proving your relationship, including photos, travel itineraries, and other evidence of your time together.
- If granted, the K-1 visa allows you to enter the U.S., after which you must marry your fiancé within 90 days and apply for permanent residency (green card) if you wish to stay in the U.S. longer.

3. Potential Legal Considerations

Proof of Relationship: Whether applying for a B-2 or K-1 visa, you may be asked to prove the legitimacy of your relationship. This typically involves providing documents such as photos of you and your boyfriend, communication records (e.g., chat messages, emails), and evidence of time spent together in person.
Ties to the Philippines: If applying for a B-2 visa, you will need to demonstrate that you have strong ties to the Philippines, such as family, employment, or property, to assure the consular officer that you will return after your visit to the U.S.
Financial Support: For both visa types, you may need to prove that you or your boyfriend have the financial means to support your stay in the U.S. This could include your boyfriend’s financial statements or an affidavit of support.

4. Processing Time

Visa processing times can vary, so it is important to plan ahead. Tourist visa applications are typically processed within a few weeks to a couple of months. On the other hand, the K-1 fiancé(e) visa process can take several months, as it requires additional steps like background checks and the approval of your boyfriend’s petition.

5. Immigration Status Post-Marriage

If you enter the U.S. on a K-1 visa and marry your boyfriend, you will need to apply for adjustment of status to become a lawful permanent resident (green card holder). This requires filing Form I-485 with the USCIS and attending an interview. Once approved, you will be granted conditional permanent residency, which can later be converted into full permanent residency after two years.

In summary, the most important step is to determine the purpose of your trip and apply for the appropriate visa. If your relationship with your boyfriend is serious and marriage is a potential outcome, the K-1 visa is the recommended route. However, if you are only visiting, a B-2 visa would suffice. Each visa type has its own requirements and processes, so it is crucial to prepare carefully and allow for sufficient processing time.